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英譯法規內容

法規名稱(Title) Regulations Governing Application for Overseas Compatriot Identity Endorsement by Males Who Have Not Completed Compulsory Military Service of Conscription Age or Near Conscription Age Ch
公發布日(Date) 2016.06.23
法規沿革(Legislative) 1.The enacted Regulations with all 7 Articles were promulgated by Order of OCAC Chiao-Zong-Cheng No.10507006461 on June 23, 2016.
法規內文(Content)


 

Article 1
These Regulations are set in accordance with Article 10, Paragraph 2 of the
Overseas Compatriot Identity Certification Act (hereinafter referred to as the
“Act”).


Article 2
The competent authority of these Regulations is the Overseas Community Affairs
Council.


Article 3
Males who have not completed compulsory military service of conscription age or
near conscription age (hereinafter referred to as “males who have not completed
compulsory military service”) in these Regulations refers to males who once had
household registration in Taiwan, near conscription age from January 1st of the
year immediately after they reach the age of 15 to December 31st of the year in
which they reach the age of 18, and of conscription age from January 1st of the
year immediately after they reach the age of 18 to December 31st of the year they
reach the age of 36, and have not completed or been exempted from compulsory
military service.


Article 4
To apply for Overseas Compatriot Identity Endorsement, males who have not
completed compulsory military service must meet one of the following situations as
well as meeting the requirements of Article 4, Paragraph 1of the Act:
1. Meet the requirements of Article 4, Paragraph 1 of the Act before December 31st
    of the year of age 15 and possess residency in the place of overseas residence
    effective when applying.
2. A male near conscription age who was born overseas or left ROC before
    December 31st of the year of age 15 does not stay in Taiwan for a total of more
    than 183 days per year during the period of near conscription age before meeting
    the requirements of Article 4, Paragraph 1 of the Act.
3. A male of conscription age who was born overseas or left ROC before December
   31st of the year of age 15 does not stay in Taiwan for a total of more than 183
   days per year during the period of near conscription age; and, after reaching
   conscription age, there is no record of him returning to ROC before meeting the
   requirements of Article 4, Paragraph 1 of the Act.
The calculation of 183 days set in the aforementioned subparagraphs 2 and 3 and
without the record of returning to ROC stipulated in subparagraph 3 shall also
include entry or exit using a foreign passport by males who hold foreign
nationality and have not completed compulsory military service.
If those who meet the requirements of Article 4, Paragraph 1 of the Act have a
special reason and obtain the approval of the Ministry of the Interior, the restrictions
of Paragraph 1 of this article will not apply.
The calculation of 183 days set in the aforementioned subparagraphs 2 and 3 and
without the record of returning to ROC stipulated in subparagraph 3 shall also
include entry or exit using a foreign passport by males who hold foreign nationality
and have not completed compulsory military service.
If those who meet the requirements of Article 4, Paragraph 1 of the Act have a
special reason and obtain the approval of the Ministry of the Interior, the restrictions
of Paragraph 1 of this article will not apply.


Article 5
The “special reason” mentioned in the previous article means that a male who has not
completed compulsory military service matches one of the following situations:
1. He matches the situations for applying for Overseas Compatriot Identity
    Endorsement in Article 4, Paragraph 1 of the Act, but has not applied for a certain
    reason.
2. He left ROC before December 31st of the year of age 15, and before matching the
    situations for applying for Overseas Compatriot Identity Endorsement in Article 4,
    Paragraph 1of the Act, returned to Taiwan within one month because of a direct
    relative or spouse’s death or critical illness to attend their funeral/visit them, or had
    to return due to disaster or other force majeure event.


Article 6
When a male who has not completed compulsory military service matches the
situations for applying for Overseas Compatriot Identity Endorsement in Article 4,
Paragraph 1 or 3 of the Act, if his passport is marked with the “Conscription
Obligation Pending” stamp, the stamp shall be cancelled before Overseas Compatriot
Identity Endorsement can be given.


Article 7
These Regulations shall commence and enter into force on the date of promulgation.